Tax Deduction at Source (Withholding Taxes)
Sec.87 to sec.93 of the Income Tax Act, 2058 requires a person making payments specified therein to withhold tax (deduct TDS) as per the rates prescribed therein. TDS shall be deducted at the time of making payment or accrued whichever is earlier.
To describe about the rates to be deducted at the time of making payment or recognizing expenses, following chart has been given:
Tax Withholding Rates
S.N. |
Particulars |
Rate |
Description |
1. |
TDS on Salary |
Slab |
Sec 87(1) of Income Tax Act describes that the employer shall withhold tax of the employee by calculating the actual tax liability of an individual employee using the slab rates prescribed. All the inclusions, and deductions need to be considered while calculating the tax liability of employee. |
2. |
TDS in interest |
5%
15%
|
|
3. |
Royalty |
15% |
Sec.2 (kaka) defines royalty as the payments made for the lease of the intangible assets and also the payment made for the right to use copyright, patents, design, model, plan, formula, trademark, cinematographic movie, video tape, sound recording etc. But it doesn’t include the payment for natural resources. |
4. |
Service Fee |
1.5% |
|
5. |
TDS on Commission/sales bonus |
15%
5% |
TDS on commission where VAT invoice is raised is 1.5% as commission falls under the definition of service fee as per sec.2 (kaMa).-Circular-MAW Enterprises-2069.12.12.But VAT invoiced sales bonus attracts TDS of 15%. Payment of commission to non-resident by the resident employment agency attracts the TDS of 5%.It basically applies to a resident manpower company. |
6. |
Payment of Dividend |
|
When the dividend is distributed by the resident company or partnership. And it is final withholding-5%. Dividend tax is exempted if distributed by the cooperatives listed in sec.11 (2) of the act. |
7. |
Payment of Rent |
1.5%
10% |
|
8. |
Retirement Payments |
5%
|
TDS is 5% on gain if the retirement payments is done from the Govt of Nepal or Approved Retirement Fund or unapproved retirement funds. But the calculation for gain is different in both the approved & unapproved retirement funds. |
9. |
Payments for Natural Resources/Any other benefits |
15% |
Payments of Natural resources as per sec.2 (sha) means the payment against the right to extract water, minerals or other living or non-living remains from land or the amount calculated on the basis of rates or quantity of living or non-living remains of natural resources or minerals extracted. |
10. |
Gain on Investment Insurance |
5% |
5% TDS is to be deducted for the payment of gain on investment insurance. But, when the payment is made due to the death of any individual, deduction of TDS is not required. |
11. |
Transportation Service |
2.5% |
The rate is 2.5% whether it is PAN or VAT bill. |
12. |
Lease of Aircraft |
10% |
Payments related to lease of aircraft attracts withholding tax at 10%. |
13. |
Mutual Fund |
5%
0% |
Distribution of benefit/return from mutual fund to a natural person attracts the TDS of 5%. Where a dividend or interest has been paid to a mutual fund, no tax is to be withheld. |
14. |
Use of satellite, Radio, Optical Fiber….. |
10% |
Use of satellite, Radio, Optical Fiber, Telecommunication Equipment, or Electricity Transmission Line attracts withholding tax @ 10%. |
15. |
No TDS applicable(some of them are already mentioned above) |
0% |
Cash back from IRD for payment of VAT using electronic means. |
16. |
Windfall Gain |
25% |
|
17. |
Contracts exceeding Rs. 50,000 |
1.5% |
|